From October 1, 2017 – May 4, 2018, U.S. Immigration and Customs Enforcement (ICE) conducted 2,282 Form I-9 audits, up from 1,360 audits from October 1, 2016 – September 30, 2017. Given this dramatic increase in Form I-9 audits, employers should take a moment to ensure that their Form I-9 compliance practices meet federal requirements. Businesses that fail to comply with these requirements are subject to penalties of up to $2,236 per violation.

4 Quick Form I-9 Compliance Tips

1. All U.S. employers generally must fill out and keep a Form I-9 for every person they hire for employment in the United States, as long as the person works for pay or other benefits.
2. Newly hired employees must complete and sign Section 1 of Form I-9 no later than the first day of employment.
3. An employee must present to the employer an original document or documents that show his or her identity and employment authorization within 3 business days of the date employment begins.
4. Employers must retain an employee’s completed Form I-9 for as long as the individual works for the employer. However, Form I-9 does not need to be filed with any federal agency.

Penalties for Failure to Complete and Retain Form I-9

Hiring employees without complying with the employment eligibility verification requirements is a violation of the law. If you fail to properly complete or retain Form I-9, you could be subject to civil money penalties. In determining the amount of the penalty, the following factors may be considered:

• The size of the business of the employer being charged,
• The good faith of the employer,
• The seriousness of the violation,
• Whether or not the individual was an unauthorized alien, and
• The history of previous violations of the employer.

Note that criminal penalties may apply in the event the employer engages in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens, or for engaging in fraud or otherwise misusing identity documents.

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Source: “Form I-9 Audits Up Dramatically Since October” by Zywave